This case was last updated from Los Angeles County Superior Courts on 06/04/2019 at 05:48:28 (UTC).

MESOMA OKAMMELU VS KAISER FOUNDATION HOSPITALS

Case Summary

On 12/20/2017 MESOMA OKAMMELU filed a Personal Injury - Medical Malpractice lawsuit against KAISER FOUNDATION HOSPITALS. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judge overseeing this case is PETER A. HERNANDEZ. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7636

  • Filing Date:

    12/20/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Pomona Courthouse South

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

PETER A. HERNANDEZ

 

Party Details

Plaintiff and Guardian Ad Litem

EDOSIO IRORO L.

Defendants and Respondents

SOUTHERN CALIFORNIA PERMANENTE MEDICAL

DOES 1 TO 30

KAISER FOUNDATION HOSPITALS

Minor

OKAMMELU MESOMA

Guardian Ad Litems

EDOSIO IRORO L. AND INDIVIDUALLY

EDOSIO IRORO L.

Attorney/Law Firm Details

Plaintiff Attorney

MICHELS PHILIPS

Defendant Attorneys

LAW YUK KWONG ESQ.

LAW YUK K. ESQ.

Minor Attorney

MICHELS PHILIP ESQ.

Other Attorneys

MICHELS PHILIP

 

Court Documents

PROOF OF SERVICE SUMMONS

2/2/2018: PROOF OF SERVICE SUMMONS

ANSWER TO COMPLAINT

2/16/2018: ANSWER TO COMPLAINT

DEMAND FOR JURT TRIAL

6/19/2018: DEMAND FOR JURT TRIAL

REQUEST FOR JUDICIAL NOTICE

7/16/2018: REQUEST FOR JUDICIAL NOTICE

NOTICE OF MOTION AND MOTION FOR TRIAL SETTING PREFERENCE; DECLARATION OF ELIZABETH A. HERNANDEZ, ESQ.

7/16/2018: NOTICE OF MOTION AND MOTION FOR TRIAL SETTING PREFERENCE; DECLARATION OF ELIZABETH A. HERNANDEZ, ESQ.

Unknown

7/17/2018: Unknown

ORDER TRANSFFRRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT

8/13/2018: ORDER TRANSFFRRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT

Minute Order

8/13/2018: Minute Order

Notice

9/24/2018: Notice

Notice of Ruling

10/16/2018: Notice of Ruling

Notice

11/9/2018: Notice

Unknown

3/11/2019: Unknown

Notice

3/20/2019: Notice

Declaration

4/4/2019: Declaration

Notice of Lodging

4/4/2019: Notice of Lodging

Request for Judicial Notice

4/4/2019: Request for Judicial Notice

Ex Parte Application

4/30/2019: Ex Parte Application

COMPLAINT FOR DAMAGES 1) NEGLIGENCE ON BEHALF OF IRORO L. EDOSIO; ETC

12/20/2017: COMPLAINT FOR DAMAGES 1) NEGLIGENCE ON BEHALF OF IRORO L. EDOSIO; ETC

23 More Documents Available

 

Docket Entries

  • 05/02/2019
  • Notice (Notice of Continuance of Defendants' Motion for Summary Judgment or, in the alternative, for Summary Adjudication); Filed by Kaiser Foundation Hospitals (Defendant); Southern California Permanente Medical (Defendant)

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  • 05/01/2019
  • at 09:00 AM in Department O, Peter A. Hernandez, Presiding; Hearing on Ex Parte Application (.) - Held - Motion Granted

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  • 05/01/2019
  • Minute Order ( (Hearing on Defendants' Ex Parte Application to Continue Trial;)); Filed by Clerk

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  • 05/01/2019
  • Order (Proposed Order Granting Ex Parte Application to Continue Trial); Filed by Kaiser Foundation Hospitals (Defendant); Southern California Permanente Medical (Defendant)

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  • 04/30/2019
  • Ex Parte Application (to Continue Trial); Filed by Kaiser Foundation Hospitals (Defendant); Southern California Permanente Medical (Defendant)

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  • 04/04/2019
  • Motion for Summary Judgment; Filed by Kaiser Foundation Hospitals (Defendant); Southern California Permanente Medical (Defendant)

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  • 04/04/2019
  • Notice of Lodging (Notice of Lodging); Filed by Kaiser Foundation Hospitals (Defendant); Southern California Permanente Medical (Defendant)

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  • 04/04/2019
  • Declaration (Declaration of David A. Miller, MD); Filed by Kaiser Foundation Hospitals (Defendant); Southern California Permanente Medical (Defendant)

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  • 04/04/2019
  • Separate Statement; Filed by Kaiser Foundation Hospitals (Defendant); Southern California Permanente Medical (Defendant)

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  • 04/04/2019
  • Declaration (Declaration of Marilyn T. Owsley); Filed by Kaiser Foundation Hospitals (Defendant); Southern California Permanente Medical (Defendant)

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45 More Docket Entries
  • 02/02/2018
  • PROOF OF SERVICE SUMMONS

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  • 01/23/2018
  • Summons; Filed by Clerk

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  • 01/23/2018
  • Summons Issued; Filed by Clerk

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  • 01/23/2018
  • SUMMONS

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  • 01/09/2018
  • Application ; Filed by Plaintiff/Petitioner

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  • 01/09/2018
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 12/20/2017
  • COMPLAINT FOR DAMAGES 1) NEGLIGENCE ON BEHALF OF IRORO L. EDOSIO; ETC

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  • 12/20/2017
  • Complaint Filed

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  • 12/20/2017
  • Complaint; Filed by null

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  • 10/15/2015
  • at 08:30 AM in Department O; Unknown Event Type

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Tentative Rulings

Case Number: BC687636    Hearing Date: February 20, 2020    Dept: O

Petitioner Iroro L. Edosio’s petition to approve compromise of pending action of minor is GRANTED.

An enforceable settlement of a minor's or incompetent's claim can only be consummated with court approval. (Probate Code §§ 2504, 3500, 3600 et seq.; CCP § 372.) For this purpose, a petition for approval must be presented to the court. Until it is granted (signed), there is no final settlement. Any settlement agreement therefore is voidable by the minor's guardian ad litem. (Scruton v. Korean Air Lines Co., Ltd. (1995) 39 CA4th 1596, 1603-1605.)

The Probate Code, starting at section 3600, et seq., governs how the settlement proceeds are to be paid. Under section 3601, the Order shall approve payment of reasonable expenses from the settlement. Section 3601(a) provides:

The court making the order or giving the judgment referred to in Section 3600, as a part thereof, shall make a further order authorizing and directing that such reasonable expenses (medical or otherwise and including reimbursement to a parent, guardian, or conservator), costs, and attorney’s fees, as the court shall approve and allow therein, shall be paid from the money or other property to be paid or delivered for the benefit of the minor or incompetent person.

With respect to attorney’s fees as expenses from the settlement:

(1)In all cases under Code of Civil Procedure section 372 or Probate Code sections 3600-3601, unless the court has approved the fee agreement in advance, the court must use a reasonable fee standard when approving and allowing the amount of attorney's fees payable from money or property paid or to be paid for the benefit of a minor or a person with a disability.

(2)The court must give consideration to the terms of any representation agreement made between the attorney and the representative of the minor or person with a disability and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made, except where the attorney and the representative of the minor or person with a disability contemplated that the attorney's fee would be affected by later events.

(CRC 7.955(a).)

Petitioner moves for approval of compromise of minor, Mesoma Okammelu, for $2,007,797.58. The compromise appears fair and reasonable. Attorney’s fees total $440,342.82, additional preparation of trust costs total $46,647.86, and medical expenses total $5,211.74.

Accordingly, petition is GRANTED.